What is an automatic temporary injection?
What is an injunction?
An injunction is a document stating that a party must either do something or not do something. In the case of divorce proceedings, when you file your petition and serve your spouse, an injunction automatically goes into effect. The Injunction is an official court order that covers a number of important factors that will affect you during your divorce proceedings. The requirements of the standard Automatic Temporary Injunction include the following:
Both parties are prohibited from:
Molesting or disturbing the peace of the other party or the child(ren) of the marriage.
Disrupting or withdrawing any child(ren) of this marriage from any educational facility, program, or day-care where the child(ren) historically have been enrolled.
Hiding or secreting any child(ren) of this marriage from the other party.
Removing any child(ren) of this marriage beyond the jurisdiction of the State of Oklahoma, acting directly or in concert with others, except for vacations of two (2) weeks or less duration, without the prior written consent of the other party, which shall not be unreasonably withheld.
Selling, mortgaging, encumbering, transferring, loaning, giving away, concealing or in any way disposing of, without the written consent of the other party or an order of the Court, any marital property, except:
in the usual course of operating a business;
for the purpose of retaining an attorney for the case; or
for the necessities of life.
Each party shall notify the other party of any proposed other expenditures, and shall account to the court for all such expenditures made after this injunction went into effect.
Intentionally or knowingly damaging or destroying the tangible property of the parties, or either of them, including, but not limited to, any document that represents or embodies anything of value.
Making a withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account.
Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on either party or their child(ren).
Changing or in any manner altering the beneficiary designation on any life insurance policies of either party or any of their children.
Cancelling, altering, or in any manner affecting any casualty, automobile, homeowners’, or health insurance policies insuring the parties’ property or persons.
Opening or diverting mail addressed to the other party.
Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal signature of the other party.
Both parties are:
Ordered to maintain and keep in force all presently existing health, property, vehicle, homeowners’, life and other insurance which you are presently carrying on any member of this family unit, or property or vehicle, and to cooperate as necessary in the filing and processing of claims. Any employer provided health insurance currently in existence shall remain in full force and effect for all family members.
This is a lot of information, is there any room for negotiation?
Yes. Both parties have three (3) days to petition the court for amendments, or else the injunction will remain in place until the first hearing in front of the judge. However, if neither party wishes to abide by the injunction, both parties can sign a waiver. It is necessary for both parties to the waiver for it to be valid.
Furthermore, if at the time you file your divorce petition you also file for emergency custody of your children and the emergency custody is granted, then that court order will override and negate the child specific sections of the automatic temporary injunction, however, the financial obligations will remain in effect, unless otherwise ordered by the court.
Help!
There are a lot of moving parts to a divorce and it can be very difficult to navigate. This is where experience matters. Boeheim Freeman Law is committed to helping you through this process and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?